5. Can I call an expert as my witness?
A. General principles
The general rule is that a witness may not express opinion while giving evidence in Court. Witnesses are expected to give a plain account of the actual perception of his physical senses, devoid of inference, evaluation, interpretation, belief or opinion.
An exception to this general rule is that, under certain circumstances, the Court may allow an expert to give his or her opinion to assist the Court, especially if an inference demands specialist knowledge or skills outside the normal experience and competence of the jury or the Magistrate or Judge in the absence of a jury.
A judge or jury are not bound to accept expert evidence even if it is unchallenged, even when both prosecution and defence experts agree.
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